Subsidiarity and the Division of Jurisdiction in EU Merger Control

March 1998 was a significant landmark in the development of merger control in the EU. In the first legislative changes since the EEC Merger Control Regulation was established, a package of reforms was introduced that included amendments to the division of jurisdiction over large mergers between Memb...

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Bibliographic Details
Published in:Antitrust bulletin 2000-03, Vol.45 (1), p.153-193
Main Author: Morgan, Eleanor J.
Format: Article
Language:English
Subjects:
Accountability
Acquisitions & mergers
Acquisitions and mergers
Agreements
Analysis
Antitrust law
Antitrust laws
Competition policy
Interpretation and construction
Jurisdiction
Jurisdiction (International law)
Laws, regulations and rules
Legislation
Public interest
Studies
Subsidiarity
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Summary:March 1998 was a significant landmark in the development of merger control in the EU. In the first legislative changes since the EEC Merger Control Regulation was established, a package of reforms was introduced that included amendments to the division of jurisdiction over large mergers between Member States and the EC. This paper provides a case study of the allocation of responsibility for regulating business in an EU context in one of the areas where subsidiarity is thought to have been applied most successfully. This paper, after outlining the legislative framework established by the 1989 MCR, examines how the jurisdictional division has operated in practice.
ISSN:0003-603X
1930-7969
DOI:10.1177/0003603X0004500104